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McAFEE v. ROCKFORD COCA-COLA BOTTLING CO.

No. 75-412.

40 Ill. App.3d 521 (1976)

352 N.E.2d 50

RICHARD McAFEE, Plaintiff-Appellant, v. ROCKFORD COCA-COLA BOTTLING CO., Defendant-Appellee.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed July 27, 1976.

Attorney(s) appearing for the Case

Thomas F. Rutherford, of Rockford, for appellant.

Daniel T. Williams, Jr., of Roszkowski, Paddock, McGreevy & Johnson, of Rockford, for appellee.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

The plaintiff appeals from the order of the circuit court dismissing his action for damages based on fraud and deceit (Count I), negligent misrepresentation (Count 2) and innocent misrepresentation — strict liability (Count 3).

In his complaint the plaintiff alleges that on a date prior to February 7, 1975, and at a time when he...

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